Additional convention themes

Migrant women, women asylum-seekers and women refugees

Migrant women, with or without documents, and women asylum-seekers are
particularly vulnerable to gender-based violence. Although their reasons for
leaving their country vary, as does their legal status, both groups are at
increased risk of violence and face similar difficulties in overcoming it. For
this reason, the convention prohibits discrimination on the grounds of migrant
or refugee status when it comes to implementing its provisions. It also requires
that measures be taken to prevent such violence and support victims while taking
into account the needs of vulnerable persons.

Moreover, the convention devotes an entire chapter to women migrants and
asylum-seekers facing gender-based violence. It contains a number of obligations
that aim at generating a gender-sensitive understanding of violence against
migrant women and women asylum-seekers. For example, it introduces the
possibility of granting migrant women, who are victims of domestic violence and
whose residence status depends on that of their spouse or partner, with their
own residence permit when the relationship ends. This allows a victim of
domestic violence to leave the relationship without loosing her residence
status. It also creates, for instance, the obligation to allow migrant victims
who left and then did not return to the country they migrated to because they
were forced into marriage in another country to regain their residence status.

Furthermore, the chapter includes provisions establishing the obligation to
recognise gender-based violence against women as a form of persecution within
the meaning of the 1951 Refugee Convention and contains the obligation to ensure
that a gender-sensitive interpretation be given when establishing refugee
status.

It is important to note that women seeking asylum have specific protection
concerns and worries that are different to those of men. In particular, women
may be fleeing gender-based violence but may be unable or unwilling to disclose
relevant information during a refugee determination process that does not
respect cultural sensitivities. Furthermore, unaccompanied women are often
exposed to sexual harassment and sexual exploitation and are unable to protect
themselves. In order to address the particular issues linked to women
asylum-seekers, the convention establishes the obligation to introduce
gender-sensitive procedures, guidelines and support services in the asylum
process. Introducing a gender perspective into procedures allows for differences
between women and men to be taken into account.

Another provision that is included in the convention reiterates the
obligation to respect a well established principle of asylum and of
international refugee protection, which is the principle of non-refoulement. The
convention establishes the obligation to ensure that victims of violence against
women, who are in need of protection, regardless of their status or residence,
are not returned to any country where their life would be at risk or where they
may be subjected to torture or inhuman or degrading treatment or punishment.